E/CN.A/1990/17
page 71
court. According to the armed forces, however, it is the statue of the person
who has committed the crime which determines the competent tribunal. If he is
a member of the armed forces the case will be heard by a military tribunal.
236. In 1985, amendments to articles 90 and 91 of the Constitution were
adopted by Congress, but will have to be approved by the new legislature,
elected in November 1989, in order to enter into force. According to the
amendment to article 90, military tribunals cannot have jurisdiction over
persons who do not belong to the armed forces except in cases provided by
the law; the Special Rapporteur was informed by the military that this
amendment was necessary in order to prevent civilians going unpunished if they
were involved in a crime which was only punishable under military penal law,
Buch as: incitement to mutiny. The amendment to article 91 says that in
case6 where a military and a civilian are involved, the civilian courts will
be competent if the alleged infraction of the law can be characterized as an
offence under normal penal law.
237. The Special Rapporteur was informed by the President of the Supreme Court
that he was not in favour of these amendments as their entering into force
would detract from the competence of the civilian court in matters in which
civilians were involved and which therefore should be dealt with by civilian
courts.
238. If a member of the police or the military is suspected of having acted in
violation of article 333 of the Penal Code (illegal detention, torture, etc.),
for example, as a result of a habeas corpus procedure, the Supreme Court
informs the Ministry of the Interior who should request the competent military
authorities to take the appropriate steps. If the suspected person is a
high-ranking officer, the case is reported to Congress, which in turn informs
the President as Supreme Commander-in-Chief.
239. The Special Rapporteur wa6 informed by the authorities that the recently
appointed director of police had dismissed some 100 policemen who had abused
their authority. He was also informed that more than 1,200 members of the
police and of the armed forces had been brought to trial or disciplined
because of illegal arrest and/or torture and that presently 15 policemen were
serving prison sentences.
2A0. The Special Rapporteur, however, was unable to find in the documentaticm
provided to him, detailed information about the charges brought against and
the sentences passed on such members of the police and the military, nor could
he find a breakdown of the various crimes committed by them.
241. In 1987, the Inter-Agency Committee on Human Rights was established to
monitor the human rights situation in the country and co-ordinate the various
activities of the different branches of the State. Its task is mainly
advisory, although in practice it investigates allegations which have been
reported to the Government by United Nations human rights procedures and
mechanisms, regional organs and non-governmental organizations. It is
composed of representatives of the Congressional Commission for the
Application of the Constitution, the Supreme Court (represented by its
prosecutor), the Ministry of the Interior, the Ministry of Foreign Affairs and
the Armed Forces. It is chaired by the Attorney-General of the Republic. It
i6 an independent body which reports directly to Congress and to the
President. The Committee has an auxiliary staff which can carry out, in an
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents